Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws still allow for the unnecessary removal of guaranteed rights. The purpose of this comment is to explore the advantages of a more limited form of guardianship as a means of determining a balance between the freedom of the adult with mental retardation and the duties and responsibilities of the state.
Bruggeman, Amie L.
"Guardianship of Adults With Mental Retardation: Towards A Presumption of Competence,"
Akron Law Review: Vol. 14:
2, Article 7.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol14/iss2/7